H.C.SHIV 4.W3898.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3898 OF 2026 Kinshuk Rajesh Srivastava …Petitioner V/s. The State of Maharashtra …Respondent WITH WRIT PETITION NO.3899 OF 2026 Rajesh Kumar Srivastava …Petitioner V/s. 1. The State of Maharashtra 2. Ms. Soumya Kinshuk Shrivastava …Respondents Ms.Seema Pandya for the Petitioners. Ms.K. T. Hiwrale, APP for Respondent-State in WP No.3898/2026. Mr.Vinod Chate, APP for Respondent-State in WP No.3899/2026. Ms. Rukhsana Khan for Respondent No.2 CORAM: SHYAM C. CHANDAK, J. DATED : 29th SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. 2. Present petitions seek quashing of the impugned FIR bearing C.R. No.8 of 2024, registered with Amboli Marg police station, Mumbai for the offence punishable under Sections 498A, 406, 323, 34 of the Indian Penal Code,1860 (“IPC”) on the report dated 3rd January 2024, filed by Respondent No.2 (“the victim”) and consequent criminal case No.476/PW/2025 pending before the learned 44th Metropolitan Magistrate Court at Andheri, Mumbai. Page 1 of 4 HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.10.07 11:17:53 +0300 H.C.SHIV 4.W3898.26.DOC 3. The prosecution case is that, petitioner in Writ Petition No.3898 of 2026 is the husband of the victim and the petitioner in Writ Petition No.3899 of 2026, is her father-in-law. The petitioner- husband and the victim got married with each other on 29th April 2017. Thereafter, the victim went to cohabit in the family of the petitioner-husband. It is alleged that from 29th April 2017 till 3rd January 2024, the petitioner-husband used to quarrel with the victim on trifle issues, when they were staying together at Texas, America. Intermittently, the husband used to assault the victim with fist blows. He used to taunt that her father had not raised her properly. The father-in-law of the victim also used to taunt her targeting her family. It is alleged that, the petitioners have misappropriated her streedhan worth Rs.6,00,000/-. Thus, both the petitioners subjected the victim to cruelty. Consequently, the aforesaid crime came to be registered. On completion of the investigation, the charge-sheet came to be filed. 4. The learned Counsel for the parties state that, now, the matter is amicably settled between the parties. The petitioner- husband and the victim have decided to dissolve their marriage by a decree of divorce by mutual consent and the petition seeking said relief is already filed with the Family Court at Bandra, Mumbai. Thus, the parties want to part their way and move ahead in life. The petitioner-husband has agreed to pay a sum of Rs.15,00,000/- to the victim towards full and final settlement. As the part of the settlement, the victim has given her consent and no objection to quash and set aside the impugned FIR and consequent criminal case. An affidavit sworn by the victim to the said effect has been submitted to the Registry through e-filing. Page 2 of 4 H.C.SHIV 4.W3898.26.DOC 5. The victim is present before the Court. She is identified by Ms.Khan, learned Counsel. She has reiterated the contents of the Affidavit. She states that all her disputes with the petitioner in both petitions are resolved. She and petitioner-husband have decided to dissolve their marriage by mutual consent. She has taken a firm stand not to prosecute the petitioner in both petitions in the said case and, she will maintain the said stand before the trial Court. Therefore, no purpose would be served by continuing the prosecution arising out of the said FIR. In view thereof, I am inclined to allow the petitions. 6. As I expressed my opinion for quashing of the present crime, learned Advocate for the petitioner-husband and the victim, on instructions submitted that, the petitioner-husband will voluntarily pay a costs of Rs.40,000/- and the victim will voluntarily pay a costs of Rs.40,000/-. Said statements are accepted as an undertaking given to this Court. Hence, following order:- (a) Criminal Writ Petition Nos.3898 of 2026 and 3899 of 2026 are allowed. (b) The impugned FIR bearing C.R. No.8 of 2024, registered with Amboli Marg police station, Mumbai for the offence punishable under Sections 498A, 406, 323, 34 of the IPC and consequent criminal case No.476/PW/2025 pending before the learned 44th Metropolitan Magistrate Court at Andheri, Mumbai, are quashed and set aside. 7. The petitioner-husband and the victim are directed to pay a cost of Rs.40,000/- each to the ‘Armed Forces Battle Casualties Welfare Fund’ within a period of two weeks from the date of uploading of the present Order on the official website of the High H.C.SHIV 4.W3898.26.DOC Court of Bombay and the payment receipt(s) shall be submitted in the Registry of this Court. Details of the bank account for payment of cost are as under :- Account Name :- Armed Forces Battle Casualties Welfare Fund (AFBCWF) Bank Name :- Canara Bank Ltd. DoD, South Block Branch Name :- South Block, Defence Headquarters, New Delhi – 110011. Account Number :- 90552010165915 IFSC Code :- CNRB0019055 Type of Account :- Saving 7.1 List this petition on 30th October, 2026 ‘for recording compliance’. (SHYAM C. CHANDAK, J.)